After a sustained representation effort over about 12 months including a ministerial meeting, NAPFA is pleased to draw your attention to a new posting on the Department of Resources and Energy Website about “Landholder Indemnity”. See the text and link below.

In plain English it means if you have permission of a landholder to fossick on the land, then the landowner can’t be sued by you or as a result of something you do or don’t do.

This will help you to get permission off landowners who we all know often say “no” because they are scared of getting sued if you injure yourself.

It is interesting that this clause has always existed in the legislation but has not been identified or understood by fossickers.

What NAPFA has done is to confirm that fossicking is in fact covered by the Indemnity (this was not clear), and to have it put in a prominent place on the Resources and Energy website.

It is recommended you print it out and show it to landholders if they are concerned about liability. Any feedback would be appreciated.

Note that it does NOT provide you with any liability protection or insurance. But it is a very welcome ruling for us. And I call it a 'win'.

Landholder indemnityFossicking is a lawful activity under Section 12 the Mining Act 1992 (the Act). The Act states the following under section 383C General immunity of landholders: (1) The landholder of land within which any person (other than the landholder) is authorised to exercise any power or right: (a) by or under this Act, or (b) by any authority, mineral claim, opal prospecting licence or permit under this Act, is not subject to any action, liability, claim or demand arising as a consequence of that person's acts or omissions in the exercise, or purported exercise, of any such power or right.

(2) In this section, landholder includes a secondary landholder.

Cheers

StephenPresidentNAPFA

The Diggers Oath: "We swear by the Southern Cross to stand truly by each other and fight to defend our rights and liberties."

There is some advice on 'you camp' (open website, so take it at face value but usually OK) about public liability for NSW and other states and territories. Interesting to note that Commonwealth Legislation (which wins every time) may come into play. I don't think this is as black and white as we think - see payment for use clauses for example, warning of risk, written indemnities etc.

There is some advice on 'you camp' (open website, so take it at face value but usually OK) about public liability for NSW and other states and territories. Interesting to note that Commonwealth Legislation (which wins every time) may come into play. I don't think this is as black and white as we think - see payment for use clauses for example, warning of risk, written indemnities etc.